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RESOLUTION NO. R04- ~) ~
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING THE AWARD OF
RFP #044-1411-04/CJD TO FLORIDA COCA-COLA
BOTTLING COMPANY, PROVIDING FOR A "FIVE
YEAR CONTRACT FOR VENDING MACHINE
SERVICES: SECTION 1 - BEVERAGE VDNING
SERVICES"; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE PARTIES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on April 13, 2004, Procurement Services opened one (1)
>roposal to the RFP "Five Year Contract for Vending Machine Services: Section 1 -
3everage Vending Services"; and
WHEREAS, after review and evaluation it has been determined appropriate
>y staff to recommend award of this RFP to Florida Coca-Cola Bottling Company of
Riviera Beach, Florida whose RFP
~nd
was overall responsive and responsible proposer;
WHEREAS, upon recommendation of staff, the City Commission of the City
,f Boynton Beach does hereby approve the award of RFP No.044-1411-04/CJD to
qorida Coca-Cola. Bottling Company of Riviera Beach, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
?.OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
tereby approves the award of RFP No. 044-1411-04/CID to Florida Coca-Cola.
Iottling Company of Riviera Beach, Florida, for a Five Year Contract for Vending
;:\CA\RESO~,Agreements\Bid Awards'Award of RFP - Coca-Cola -Vending Machines.doc
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4achine Services - Section 1 - Beverage Vending Services.
Section 2. That the City Manager is hereby
directed to execute an
~_greement between the City of Boynton Beach and Florida Coca-Cola Bottling
:ompany of Riviera Beach, Florida, a copy of which is attached hereto.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this I day of June, 2004.
ATTEST:
CITY OF BOYNTON BEACH,
FLOR[DA
;:\CA\RESO~Agreements\Bid Awards~Award of RFP - Coca-Cola -Vending Machines.doc
VENDING SERVICES FOR BEVERAGES
o4-o88
AGREEMENT BETWEEN Florida Coca Cola Bottling Company
AND THE CITY OF BOYNTON BEACH, FLORIDA
THIS AGREEMENT between Florida Coca Cola Bottling Company (Vendor) and
the CITY OF BOYNTON BEACH, FLORIDA (City) is made this 1st day of June~ 2004.
WITNESSETH:
WHEREAS, Vendor and the City wish to enter into an agreement to incorporate the
terms and conditions of RFP #044-1411-04/CJD regarding the provision of beverage vending
services.
NOW, THEREFORE, for the mutual promises, covenants, and agreements contained
herein, the parties covenant and agree as follows:
1. That the recitations set forth above are incorporated as if fully set forth herein.
2. The term of this Agreement shall commence on or about June 1~ 2004 and extend
until May 31~ 2009. This Agreement may be renewed for one (1) additional year term, if
both parties mutually agree and it is in the best interest of the City.
3. Vendor shall have the full service vending placements as provided by RFP #044-1411-
04/CJD, attached hereto and incorporated herein. Vendor shall provide 24 hour, 7 days a
week priority service for all mechanical problems with its equipment. Response time will
be within 24 hours of the service call.
4. Vendor shall provide the brand names of the Product as set forth in RFP #044-1411-
04/CJD The vending machines shall be filled by a full service driver employed by
Vendor.
Rev. 05/30/02 C- 1
5. Vendor shall reimburse the City the amounts, as provided in RFP #044-1411-04/CJD
from the sales it incurs from the vending machines.
6. Vendor shall obtain and maintain insurance as set forth in the General Conditions 1-14
(Per attachment "A")
7. Vendor shall provide on an annual basis throughout the (5) year term, and any renewal
periods, of this Agreement all of the items that were set forth in RFP#044-1411-04/CJD.
8. This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out this agreement shall be Palm Beach
County, Florida.
9. All notices, requests, demands, and other given if personally delivered or mailed, certified
mail, return receipt requested, to the following addresses to:
As to City: City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Attn: Carol Doppler
As to Vendor:
Florida Coca-Cola Bottling Company
6553 Garden Road
Riviera Beach~ FL 33404
10. Vendor shall not, without prior written consent of the City, assign any portion of its
interest under this contract and, specifically, Vendor shall not assign any moneys due or
to become due without the prior written consent of the City.
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11. The City and Vendor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto in respect to all covenants, agreements
and obligations contained in the contract documents.
12. Vendor, for good and valuable consideration shall indemnify, defend and save harmless
the City, its officer's agents, and employees, from or on account of any claims, damages,
received or sustained by any person or persons resulting from the work provided for this
Project; or by or in consequence of any negligence in connection with the same; or by use
of any improper materials or by or on account of any use of any improper materials or by
or on account of any act or omission of Vendor or its subcontractors, agents, servants or
employees. Vendor agrees to defend, indemnify and save harmless the City its officers,
agents and employees, against any liability arising from or based upon the violation of
any federal, state, county or city laws, by-laws, ordinances or regulations by Vendor, its
subcontractors, agents, servants or employees.
13. Vendor further agrees to defend, indemnify and save harmless the City, its officers,
agents, or employees from all such claims, fees, and from any and all suits and actions of
every name and description that may be brought against the City or its officers, agents or
employees on account of any claims, fees, royalties, or costs for any invention or patent,
and from any and all suits and actions that may be brought against the City, its officers,
agents, or employees for the infringement of any and all patents or patent rights claimed
by any person, firm or corporation.
The indemnification provided above shall obligate Vendor to defend at its own expense
or to provide for such defense, at the City's option, any and all claims or liability and all
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suits and actions of every name and description that may be brought against the City, its
officers, agents, or employees which may result from the operations and activities under
this contract whether the work be performed by Vendor, its subcontractor or by anyone
directly or indirectly employed by either. This indemnification includes all costs and fees
including attorney's fees and costs at trial and appellate levels.
14. This Agreement shall be considered null and void unless signed by both Vendor and
the City.
15. The contract documents constitute the entire agreement between the City and Vendor
and may only be altered, amended or repealed by a duly executed written instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on
the day and year first above written.
ATTEST:
CITY OF BOYNTON BEACH,
FLORIDA
By:
City Clerk
Approved as to legal sufficiency
and form:
By:
City Attorney
WITNESSES:
By:
Kurt Bressner, City Manager
FLORIDA COCA-COLA
BOTTLING COMPANY
By:
(Print or Type Name)
(Print or Type Name)
(SEAL)
(Print or Type Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of ,200_,
by ., as (name of officer or
agent, title of officer or agent), of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf
of the corporation. He/She is personally known to me or has produced
(type of idemification) as identification.
Notary Public - State of Florida
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M E M 0 RAND U M
To:
From:
CC:
Date:
Re:
Bill Atkins, Deputy Director of Financial Services
Teresa A. Zabik, Events Coordinator
Wilfred Hawkins, Assistant City Manager
Wayne Segal, Director of Public Affairs
Carol Doppler, Senior Buyer
April 28, 2004
Recommendation for award of RFP#044-1411-04/CJD
Based on review of the items submitted for the "FIVE YEAR CONTRACT FOR
VENDING MACHINE SERVICES: SECTION I - BEVERAGE VENDING", RFP #
044-1411-04/CJD, our recommendation is to award the bid to FLORIDA COCA-COLA
BOTTLING COMPANY.
In summary, Coca-Cola will provide the following:
2.
3.
4.
20 percent Commission of Beverage Sales for City Employee Party
$15,000 for Capital Improvements
$7,500 Annual Fee
Promotional, Marketing, and/or Advertising Support:
Production and distribution of 10,000 neck
ringers annually (similar to door hangers on bottles)
Production of 30 custom 3x8 banners annually
· 100 cases of CSD/water annually
· Customized truck backs promoting special events throughout Boynton
(4 weeks annually, 5 trucks)
· In store promotion of any 2 events annually including displays in
major retailers
· Unlimited use of Special Events Wagons, free of charge
As part of developing stronger partnerships with local businesses, a proposal for City
beverage vending was requested to include a commission of beverage sales, funding for
capital improvements (towards purchase of mobile stage), an annual sponsorship fee and
assistance with marketing of Special Events. In addition, the awarded company will
maintain separate records for designated "Benevolent Funds" for the Boynton Beach Fire
Department. In return, the company awarded would be designated "The Official Soft
Drink of the City of Boynton Beach"; all facilities (with the exception of the Links of
Boynton Beach; currently under contract) will only sell product from the awarded
company. In addition, all vendors, non-profit groups, etc. at all City produced events will
sell only beverages produced by the awarded company.
By creating this partnership, the City of Boynton Beach will gain a previously
inaccessible methodology for promotions and marketing of Special Events. With these
marketing opportunities, additional sponsorship values/benefits will be available to pass
on to additional sponsors. Finally, with the use of a drink trailer, the opportunity to
recover some of the costs of the events will be available. In addition, with the $15,000
towards the proposed purchase of a new mobile stage, the City will save a considerable
amount of money in regards to the labor costs to set-up and breakdown of our current
stage. Thus, this partnership will assist in creating increased economic development
opportunities for the City of Boynton Beach.